Specific features of proving in disputes on recognizing persons as refugees: on the basis of case law of Ukrainian Supreme Court and the European Court of Human Rights

Abstract

The authors of the article have analyzed specific features of proving in disputes concerning the recognition of a person as a refugee according to the case law of Ukrainian Supreme Court and the European Court of Human Rights. The authors have also analyzed and provided the list of the main international and national regulatory legal acts in the field of ensuring the rights of asylum seekers, including those related to the standards of proving in cases of recognizing persons as refugees. The case law of Ukrainian Supreme Court has been analyzed in cases on claims of asylum seekers in Ukraine filed to the State Migration Service of Ukraine for recognition as illegal and reversal of decisions on refusal to recognize them as refugees or persons in need of additional protection. The main problems in the field of proving in cases of recognizing persons as refugees have been provided. The authors of the article have also analyzed the practice of certain judgments of the European Court of Human Rights on proving in cases of recognizing asylum seekers from Afghanistan, Syria and Congo as refugees in Ukraine. The cases of violation of the standards of proving in cases on recognizing asylum seekers as refugees have been presented in the article. The authors have concluded that Ukrainian courts should apply the positive practice of the European Court of Human Rights in order to resolve the problems of proving in cases of recognizing asylum seekers as refugees.